(a) There is established under the control and direction of theDepartment of Administration a Regional Sewage Disposal Planning RevolvingFund, to consist of any moneys that may be appropriated for use through thefund by the General Assembly or that may be made available to it from any othersource. The Department may make advances from the fund to any county,municipality, or sanitary district, or to counties and municipalities actingcollectively or jointly as a regional sewer authority, for the purpose ofmeeting the cost of advance planning and engineering work necessary ordesirable for the development of a comprehensive plan for a regional sewage disposalsystem as defined in this Article. Such advances shall be subject to repaymentby the recipient to the Department from the proceeds of bonds or otherobligations for the regional sewage disposal system, or from other fundsavailable to the recipient including grants, except when, in the judgment ofthe Department of Environment and Natural Resources, a proposed plan fordevelopment and construction of a countywide or other regional sewage disposalsystem is not feasible because of design and construction factors, or becauseof the effect that the sewage disposal system discharge will have upon waterquality standards, or because construction of a proposed system is noteconomically feasible, (but not if the applicant decides not to proceed withconstruction that has been planned and which the Department of Environment andNatural Resources has declared to be feasible).
(b) The Department of Administration shall not make any advancepursuant to this section without first referring the application and proposalto the Department of Environment and Natural Resources for determination as towhether the following conditions have been met:
(1) The proposed area is suitable for development of a regionalsewage disposal system from the standpoint of present and projectedpopulations, industrial growth potential, and present and future sources ofsewage.
(2) The applicant proposes to undertake long‑rangecomprehensive planning to meet present and projected needs for high qualitysewage disposal through the construction of a regional sewage disposal systemas defined in this Article. The determination by the Department of Environmentand Natural Resources, that the proposed system would be a "regionalsystem," as defined by this Article, shall be conclusive.
(3) The applicant proposes to coordinate planning of theregional sewage disposal system with land‑use planning in the area, inorder that both planning efforts will be compatible.
(4) The applicant proposes to employ an engineer licensed topractice in the State of North Carolina to prepare a comprehensive regionalsewage disposal plan, which plan will provide detailed information on thesource or sources of sewage; the proposed system, including all facilities andappurtenances thereto for the collection, transmission, treatment, purificationand disposal of sewage; any proposed interconnection with existing systems, andprovisions for interconnections with other county, municipal and regionalsystems; the phased development of systems to achieve ultimate objectives ifeconomic feasiblility is in question; projected sewage disposal service areas;proposed equipment; estimates of cost and projected revenues; and methods offinancing.
(c) In addition to the above conditions, the Department ofAdministration shall not make any advance to any applicant until the followingconditions have also been met:
(1) The Department has determined that there is a reasonableprospect of federal (or State) aid in the financing of the projected work ifthe undertaking is one that will be dependent upon federal (or State) aid.
(2) The Department has received firm assurances from theapplicant that the work or project, if feasible, will be undertaken.
(3) The applicant has furnished evidence that it does not havefunds available to finance the plan.
(d) All advances made pursuant to this section shall be repaidin full, upon receipt of any sewage disposal facilities planning grant fundsfrom federal or State sources, or within one year of the start of constructionon the projected system, or within six months after the issuance of bonds forthe financing of construction of the system, or within six years from the dateof the making of the advance, whichever comes first. The Department may, in itsdiscretion, require the repayment of any advance in installments.
(e) The Department of Administration may adopt such rules andregulations with respect to the making of applications or the receipt ofadvances as are consistent with the terms and purpose of this section.
(f) The provisions of Chapter 159 of the General Statutes ofNorth Carolina (Local Government Acts) shall not apply to advances made fromthe Regional Sewage Disposal Planning Revolving Fund as authorized in thisArticle. (1971, c. 870, s.1; 1975, c. 251, ss. 3, 4; 1989, c. 727, ss. 216, 217; 1997‑443, s.11A.123.)
(a) There is established under the control and direction of theDepartment of Administration a Regional Sewage Disposal Planning RevolvingFund, to consist of any moneys that may be appropriated for use through thefund by the General Assembly or that may be made available to it from any othersource. The Department may make advances from the fund to any county,municipality, or sanitary district, or to counties and municipalities actingcollectively or jointly as a regional sewer authority, for the purpose ofmeeting the cost of advance planning and engineering work necessary ordesirable for the development of a comprehensive plan for a regional sewage disposalsystem as defined in this Article. Such advances shall be subject to repaymentby the recipient to the Department from the proceeds of bonds or otherobligations for the regional sewage disposal system, or from other fundsavailable to the recipient including grants, except when, in the judgment ofthe Department of Environment and Natural Resources, a proposed plan fordevelopment and construction of a countywide or other regional sewage disposalsystem is not feasible because of design and construction factors, or becauseof the effect that the sewage disposal system discharge will have upon waterquality standards, or because construction of a proposed system is noteconomically feasible, (but not if the applicant decides not to proceed withconstruction that has been planned and which the Department of Environment andNatural Resources has declared to be feasible).
(b) The Department of Administration shall not make any advancepursuant to this section without first referring the application and proposalto the Department of Environment and Natural Resources for determination as towhether the following conditions have been met:
(1) The proposed area is suitable for development of a regionalsewage disposal system from the standpoint of present and projectedpopulations, industrial growth potential, and present and future sources ofsewage.
(2) The applicant proposes to undertake long‑rangecomprehensive planning to meet present and projected needs for high qualitysewage disposal through the construction of a regional sewage disposal systemas defined in this Article. The determination by the Department of Environmentand Natural Resources, that the proposed system would be a "regionalsystem," as defined by this Article, shall be conclusive.
(3) The applicant proposes to coordinate planning of theregional sewage disposal system with land‑use planning in the area, inorder that both planning efforts will be compatible.
(4) The applicant proposes to employ an engineer licensed topractice in the State of North Carolina to prepare a comprehensive regionalsewage disposal plan, which plan will provide detailed information on thesource or sources of sewage; the proposed system, including all facilities andappurtenances thereto for the collection, transmission, treatment, purificationand disposal of sewage; any proposed interconnection with existing systems, andprovisions for interconnections with other county, municipal and regionalsystems; the phased development of systems to achieve ultimate objectives ifeconomic feasiblility is in question; projected sewage disposal service areas;proposed equipment; estimates of cost and projected revenues; and methods offinancing.
(c) In addition to the above conditions, the Department ofAdministration shall not make any advance to any applicant until the followingconditions have also been met:
(1) The Department has determined that there is a reasonableprospect of federal (or State) aid in the financing of the projected work ifthe undertaking is one that will be dependent upon federal (or State) aid.
(2) The Department has received firm assurances from theapplicant that the work or project, if feasible, will be undertaken.
(3) The applicant has furnished evidence that it does not havefunds available to finance the plan.
(d) All advances made pursuant to this section shall be repaidin full, upon receipt of any sewage disposal facilities planning grant fundsfrom federal or State sources, or within one year of the start of constructionon the projected system, or within six months after the issuance of bonds forthe financing of construction of the system, or within six years from the dateof the making of the advance, whichever comes first. The Department may, in itsdiscretion, require the repayment of any advance in installments.
(e) The Department of Administration may adopt such rules andregulations with respect to the making of applications or the receipt ofadvances as are consistent with the terms and purpose of this section.
(f) The provisions of Chapter 159 of the General Statutes ofNorth Carolina (Local Government Acts) shall not apply to advances made fromthe Regional Sewage Disposal Planning Revolving Fund as authorized in thisArticle. (1971, c. 870, s.1; 1975, c. 251, ss. 3, 4; 1989, c. 727, ss. 216, 217; 1997‑443, s.11A.123.)
(a) There is established under the control and direction of theDepartment of Administration a Regional Sewage Disposal Planning RevolvingFund, to consist of any moneys that may be appropriated for use through thefund by the General Assembly or that may be made available to it from any othersource. The Department may make advances from the fund to any county,municipality, or sanitary district, or to counties and municipalities actingcollectively or jointly as a regional sewer authority, for the purpose ofmeeting the cost of advance planning and engineering work necessary ordesirable for the development of a comprehensive plan for a regional sewage disposalsystem as defined in this Article. Such advances shall be subject to repaymentby the recipient to the Department from the proceeds of bonds or otherobligations for the regional sewage disposal system, or from other fundsavailable to the recipient including grants, except when, in the judgment ofthe Department of Environment and Natural Resources, a proposed plan fordevelopment and construction of a countywide or other regional sewage disposalsystem is not feasible because of design and construction factors, or becauseof the effect that the sewage disposal system discharge will have upon waterquality standards, or because construction of a proposed system is noteconomically feasible, (but not if the applicant decides not to proceed withconstruction that has been planned and which the Department of Environment andNatural Resources has declared to be feasible).
(b) The Department of Administration shall not make any advancepursuant to this section without first referring the application and proposalto the Department of Environment and Natural Resources for determination as towhether the following conditions have been met:
(1) The proposed area is suitable for development of a regionalsewage disposal system from the standpoint of present and projectedpopulations, industrial growth potential, and present and future sources ofsewage.
(2) The applicant proposes to undertake long‑rangecomprehensive planning to meet present and projected needs for high qualitysewage disposal through the construction of a regional sewage disposal systemas defined in this Article. The determination by the Department of Environmentand Natural Resources, that the proposed system would be a "regionalsystem," as defined by this Article, shall be conclusive.
(3) The applicant proposes to coordinate planning of theregional sewage disposal system with land‑use planning in the area, inorder that both planning efforts will be compatible.
(4) The applicant proposes to employ an engineer licensed topractice in the State of North Carolina to prepare a comprehensive regionalsewage disposal plan, which plan will provide detailed information on thesource or sources of sewage; the proposed system, including all facilities andappurtenances thereto for the collection, transmission, treatment, purificationand disposal of sewage; any proposed interconnection with existing systems, andprovisions for interconnections with other county, municipal and regionalsystems; the phased development of systems to achieve ultimate objectives ifeconomic feasiblility is in question; projected sewage disposal service areas;proposed equipment; estimates of cost and projected revenues; and methods offinancing.
(c) In addition to the above conditions, the Department ofAdministration shall not make any advance to any applicant until the followingconditions have also been met:
(1) The Department has determined that there is a reasonableprospect of federal (or State) aid in the financing of the projected work ifthe undertaking is one that will be dependent upon federal (or State) aid.
(2) The Department has received firm assurances from theapplicant that the work or project, if feasible, will be undertaken.
(3) The applicant has furnished evidence that it does not havefunds available to finance the plan.
(d) All advances made pursuant to this section shall be repaidin full, upon receipt of any sewage disposal facilities planning grant fundsfrom federal or State sources, or within one year of the start of constructionon the projected system, or within six months after the issuance of bonds forthe financing of construction of the system, or within six years from the dateof the making of the advance, whichever comes first. The Department may, in itsdiscretion, require the repayment of any advance in installments.
(e) The Department of Administration may adopt such rules andregulations with respect to the making of applications or the receipt ofadvances as are consistent with the terms and purpose of this section.
(f) The provisions of Chapter 159 of the General Statutes ofNorth Carolina (Local Government Acts) shall not apply to advances made fromthe Regional Sewage Disposal Planning Revolving Fund as authorized in thisArticle. (1971, c. 870, s.1; 1975, c. 251, ss. 3, 4; 1989, c. 727, ss. 216, 217; 1997‑443, s.11A.123.)
